Maintenance, sometimes referred to as Spousal Support or Maintenance, is often one of the most contentious issues during and after a divorce. While many people are familiar with the concept of maintenance, fewer know whether temporary or permanent can be modified or terminated or under what circumstances that can happen. Understanding when and how this can be done is crucial for both recipients and payers of Maintenance.  What follows does not address the case where the parties have agreed on non-modifiable maintenance, which can only be modified by a further agreement of the parties.  

What is Maintenance?

In Colorado, maintenance is designed to provide financial support to the lower-earning spouse following a divorce. There are two main types of  maintenance:

• Temporary Maintenance: This form of maintenance provides financial support during the divorce process. It helps ensure both spouses can maintain their standard of living while the divorce is pending.
• Permanent Maintenance: Despite the name, “permanent” maintenance is not necessarily for life. It refers to maintenance awarded after the divorce is final and typically has set terms that can be modified based on changing circumstances.

Can Temporary Maintenance Be Modified or Terminated?

Temporary maintenance is meant to provide support during the divorce process and is typically awarded when the divorce is ongoing. As the financial situation of either party changes, temporary maintenance can be modified. Common reasons for modification include:

• Loss of income: If the paying spouse loses their job or experiences a significant decrease in income, they may request a reduction in maintenance payments.
• Change in living circumstances: If the recipient spouse’s financial situation significantly improves a modification could be warranted.
• Other substantial changes: In some cases, a substantial change in circumstances, such as a change in the financial status of either party, could lead to a modification or termination of the temporary support.

It’s important to note that any modification request must be approved by the court. If a paying spouse experiences financial hardship, they should not stop paying without obtaining the proper court approval, as doing so could result in serious legal consequences.

Can Permanent Maintenance Be Modified or Terminated?

Permanent maintenance, while often ordered for longer durations, is not truly permanent and can be modified or terminated under certain circumstances:

• Change in Financial Circumstances: Just like with temporary maintenance, the paying spouse can request a modification if their financial situation changes significantly, such as losing a job or experiencing a substantial decrease in income.
• Remarriage or Cohabitation of the Recipient: One of the most common reasons permanent maintenance may be terminated is if the recipient remarries. Colorado law views the re-establishment of financial support through remarriage as a reason to end maintenance.
• Death of Either Party: Permanent maintenance will automatically terminate if either the paying or receiving spouse passes away.
• Substantial Change in the Recipient’s Needs: If the recipient’s financial needs change significantly, the maintenance amount may be reduced or terminated. For example, if the recipient becomes financially independent or experiences a major change in health that affects their ability to support themselves, the court may consider modifying or ending maintenance payments.

How to Request a Modification or Termination of Maintenance

If you believe there is a legitimate reason for modifying or terminating maintenance, you will need to file a request with the court. The court will review the circumstances surrounding the request, including any changes in income, living arrangements, or health status.

When requesting a modification or termination of maintenance, both parties will have an opportunity to present evidence supporting their position. The court will then make a determination based on the facts of the case, with the goal of ensuring fairness for both parties.

It is difficult to modify maintenance unless there is such a substantial change in either or both parties’ circumstances, making the original order “unfair.” Courts are often reluctant to make any changes, so you should consult with experienced legal counsel like the attorneys at Tanis McGonegal Family Law to see whether a modification is possible.  

Key Considerations in Maintenance Modifications

• Substantial Change: The change in circumstances must be substantial enough to warrant a modification. Minor adjustments in financial situations are not sufficient to trigger a change in maintenance payments.
• Burden of Proof: The party requesting the modification or termination carries the burden of proving a significant change has occurred. This will involve submitting financial records, proof of remarriage, or other supporting evidence.
• Court Approval: Simply deciding to stop paying or requesting a reduction in maintenance payments is not enough. The court must approve any changes to the maintenance order.

Conclusion

Maintenance, whether temporary or permanent, can be modified or terminated under certain circumstances. If your financial situation changes or if there are other significant life events, you may be able to request a modification or termination of maintenance. However, it is crucial to understand that this process requires court approval, and making changes without legal permission could result in serious consequences.

If you’re considering modifying or terminating your maintenance, it’s essential to work with an experienced family law attorney who can help you navigate the legal process and ensure your rights are protected.

Contact Tanis McGonegal Family Law, P.C.

Navigating maintenance modifications or terminations can be complex and emotionally taxing. At Tanis McGonegal Family Law, P.C., we offer a free 20-minute consultation to discuss your case and help you understand your options. Contact us today to learn more about how we can assist with your maintenance concerns.